02-01-49SpMtg FEBRUARY 1ST, 19~9
A Special Meeting of the City Comacil and the Zoning Board of th~ City of
Delray Beach ~as held at ?'f30 P. M. in the Council Chambers ia the City Hall,
as a public hearing to discuss the recommendation of the Zoning Board, filed with
the City Council on January 25th, pertaining to set-back requirements on side
streets in business areas, with Mayor J. L. $aunders in the Chair, and City
Attorney Job~n Moore, City Manager Charles E. Black, and the following Councilmen
present: L. H. Braarion, John N. Kabler, Neil E. Mac~fillaa and Walter A. Roth,
a quoroan being present. All members of the Zoning Board were present.
The recommendation of the Zoning Board to be considered was read, as follows:
"After reconsideration of the proposed Ordinance requiring a 35' set-back
from the original center of all Streets in business zones, except Atlantic Avenue
and the Federal Highway, the Board recommends that this Ordinance be adopted in
its entirety with the exception of that part of Section 1 pertaining to the excep-
tion of the above named Streets, recommending that t~is portion be amended +~ rea~
as {'ollows: "Excepting any'Street or Streets with a greater width or present set-
back requirement than that covered by this Ordinance."
Mr. King S. Cone, Chairman of the Zoning Board, stated that the Board had made
this recomme~Jation to establish 50' traffic lanes and two 10' sidewalks in business
. districts, which is the. minimum width street ~,hich can be used safely. They felt
that it would be wiser to provide for these set-backs before improvements have been
made that will require the City to spend large sums of money when they find it
necessary to have wider streets~ They felt that the City will expand to some exten~
and as the business district grows this regulation will go into effect. It is a
step toward planning for the future rather than the immediate present.
Nr. R. B. Puckett, a member of the Zoning Board, stated that he was opposed
to the Ordinence.
Mr. King further explained that it was a ouestion of providing for wider
streets, or prohibiting parking. To prevent parking on a side street would lessen
the value of the property and cause tenants to move out. Otherwise parking space
would have to be provided when a building is constructed, which ~ld also take
away f~mthe area of the property.
Mr. Puckett recommended that vacant lots be acquired by the City near the
downtown area to provide for off street parking, the cost to be liquidated by the
installation of parking meters. He pointed out instance where the City would be
taking property worth up to $ 300.00 a front foot with no compensation to the
owner, and he did not consider it necessary or sensible. If certain streets needed
to be widened, he asked the Council to go into those particular problems carefully
and th oughtfully.
City Attorney Moore advised that zoning Ordirances establishing set-backs
have been upheld in many Courts, providing they are reasonable under the circum,
stances which prevail.
After hearing several complaints from the audience as to this method of
providing for the widening of streets~ City Attorney Moore suggested that the
proposed-~ordirmnce be amended to ~'ovide fc~ 10' set-backs from the property line,
which would ~orovide uniformity, and also effect all property owners alike, re-
gardless of the width of a street.
~r. Fontaine Fox, o~ner of Lot 1, Block 109, on the southeast corner of
East Atlantic Avenue and 5th Avenue, addressed the Council stating that there
was t~e possibility of signing a lease on this property for a period of 105 years,
with a 5' side set-back as it now exists, the lease to centain a clause th~nt if
there is any change in the size of the~ lot within six months the lessee shall be
given a reduction in rental. If this happened he would then sue the City for the
loss under the lease, he threatened. He considered it illegal to provide a set-
back by Ordinance, but he did agree to allow a 10' set-back from his property line
and felt that the pretty he was negotiating with would consent to this set-back
FEBRUARY 1ST, 1949
in order',to improve the street.
~r. Cone suggested that all streets which are not ~horoughfares be ~enamed as
Lanes or Courts, to ~ich this ordirmnce would not apply. A dead end street would
not be considered a thoroughfare.
After further discussion, a motion was m~de by. Councilman Brannon, seconded
by Councilman Nac~illan, ~hat the proposed Ordinance be redrafted to recuire 10'
set-backs from existing property lines in all business zones in the City of Delray
Beach, except Atlantic Aw~n~e, 6th Avenue, Bronson Avenue, Palm Street, Palm Avenue
and Salina Avenue, and that the Ordinance be prepared for first reading on February
8th, for ~ecommandations or amendments before the final reading, all Ordinances in
conflict to be repealed. Upon call of roll the motion carried unanimously.
City Nanager Black advised the Council that he had found that a contract had
been entered into about i 1/2 years ago with the Burroughs' Company for the purchase
of a Cash register, and that by accepting delivery of the machine at this time about
$ 200.00 can be saved under the present cost.
Upon motion of Councilman Brannon, seconded by Councilman Kabler, the City
Manager was authorized to purchase the n~chine under the contract previous]_y entered
into, to be charg~6 to the new eeuipment fund. Upon call of roll the motion carried
unanimously.
Upon motion of Councilman Brannon, seconded by Councilman Rotb, dnanimously
carried, the City Nanager was authorized to advertise for bids on mowing equipment
needed at the Golf Course.
Mr. Kenneth Jacobsen, a member of the Committee appointed by the Council to
revise and imMrove the Building Code, reported to the Council that they were making
some headway, ha~._ng s~udted Codes from other Cities which would be adapteBle to
this City, and asked the endorsement of the present Council if it wished the Committee
to cc~tinue with its work. He saggested that meeting be held with all building
activities to ~o over any co4e they would recommend, to acquaint all oontractors
with the proposed code. As soon as the building code is amended or redrafted, sub-
codes can be amended to tie in with that Code.
A motion was made by Councilman Brannon that the N~yor reappoint this Committee
and endorse their activities so far, and also encourage them to complete their work
as soon as possible ~ any manner they see fit. The motion was seconded by Council-
man ~{acNillan, and upon call of roll c~rried unanimously.
At t~e suggestion of Councilman l{ac~illan, a motion was made by Councilman
Brannon and seconded by Councilman Kabler, +~h8t the Boy Scouts of the City be allowed
to take over the City government for an hour on February 12th, in connection with
Boy Scout Week.
Nr. Nac~illan explained that it was planned that the Scouts be allowed to
register to vote, run for office, and cast their ballots, the Council elected by
the boys to meet on the morni~ of the 12th and elect a N~yor and officials of the
town. At this time the officials elected by the boys would take office and operate
the City for an hour, to teach them a little of the fur~ctioning of the City. Upon
call of roll the foregoing motion carried unar~imously.
In connection with the moving of bleachers at the Athletic Field in preparation
for a Rodeo Show, sponsored by the Riding Glub, a motion was m~de by Councilman
Brannon, seconded by Councilman Roth, that the City Council limit donations to any
or Civic Organization for any purpose, in the future, to $ 15.00 for any particular
time or place or event. Upon call of roll the motion carried unanimously, although
Councilman Nac~{illan was not in favor of the Council limiting itself in this respect.
There being no more business to come before the Cou~il,~the~m~ti.ng adjo~ed.
ATTEST:
Nayor ' City' C le~rk